Fresh code of conduct for subordinate judiciary

LAHORE - Lahore High Court Chief Justice Sayed Zahid Hussain through revised code of conduct for the judges in the subordinate judiciary has required them to take oath and declare their assets as well as their dependents before entering the office. With the purpose to promote discipline in the interest of justice, the 37-point code of conduct (CoC) has asked the judges to exercise their judicial powers honestly and efficiently to the best of their capacity as sacred trust and divine duty keeping in mind that they are accountable not only to the superiors but to God Almighty as well. While discharging their duties a judge must avoid rage and abstain from performing functions in rage. The CoC has not only required the judges to decide cases expeditiously and take all necessary measures to ensure speedy justice but has also restrained them from mixing up with general public and members of the bar as well as from attending private parties and functions at public places including hotels, markets and streets except in dire need. They have been asked to decide matters strictly under rules of justice, equity and good conscience and not by whims and caprices. A judicial officer has been asked to avoid hearing cases, receiving guests or his colleagues in the retiring room, except in urgent need. And also avoid hearing one party or his lawyer in absence of the other except in the case of ex-parte. He must not show any fear or favour to any party before him or their lawyers, both in his judgment and conduct. He must not hear those cases in which he, his near relatives or close friends have got any interest. He should not privately communicate to any of the parties to the litigation before him. That judges would conduct proceedings in open court in presence of parties/their counsel and not in chamber/retiring room which is meant for use only when absolutely necessary. They will not leave the judicial work/function with any of his court official and avoid employing impolite language in writing as well as in conversation and try not to annoy others. The code said to err is human and a judicial officer is no exception. But he should be bold enough to admit his mistakes frankly and should sincerely try and avoid repeating them. He should always live within his honest means and believe in Rizq-e-Halal. A judicial officer should be God fearing, law abiding, abstemious, truthful of tongue, wise in opinion, cautious and forbearing, patient and calm, blameless, untouched by greed, completely detached and balanced, faithful to his words and meticulous in his functions. In the matter of performing judicial duties and functions, he would always maintain his independence and never allow himself to be swayed either by those who are near and dear to him or by those in authority over him. He would have effective control over the staff of his court without being rude, rough or humiliating. The code has required a judge not to lose his temper as judicial officer and show gentlemanly behaviour and conduct towards the litigants and lawyers. That he would be courteous and polite but firm and dignified to maintain decorum of the court. While dealing with others he should always imagine himself in the position of the person he is dealing with and treat him as he would like himself to be treated, the CoC required of him. The code has strictly required a judicial officer to be punctual while taking or leaving his seat and must cultivate the habit of learning and acquainting himself with latest techniques helpful in resolving intricate controversies coming up before him. He must not publicise his honesty or any other merit or he must not be misled by the praises or by flattery or cajolery. That he would not incur personal obligations as far as possible and be consistent in his approach and follow precedents of superior courts in matters coming up before him. He should not engage in any business whatsoever. And he would endeavour as far as possible to act as Musleh and help the parties to resolve the dispute through amicable means acceptable to them, without laying any impression of siding with anyone. He would give greatest importance to reasoning and arguments in order to unearth truth and should not be annoyed with argument of the parties and must exhibit patience and perseverance in scanning the matter coming up for adjudication before him.

ePaper - Nawaiwaqt